Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter.
Article 48
Transfers or disclosures not authorised by Union law
Common Questions
Frequently Asked Questions
Can a court or authority in a third country force us to hand over personal data?
Not on its own. Article 48 covers any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data.
Such a judgment or decision may only be recognised or enforceable in any manner if it is based on an international agreement in force between the requesting third country and the Union or a Member State.
What kind of international agreement makes such a foreign order enforceable?
The article gives a mutual legal assistance treaty as an example. What matters is that the agreement is in force between the requesting third country and the Union or a Member State, and that the foreign judgment or decision is based on it.
Does Article 48 rule out all other grounds for transferring the data?
No. Article 48 applies without prejudice to other grounds for transfer pursuant to this Chapter, which deals with transfers of personal data to third countries or international organisations.
A transfer may therefore still rely on another ground from that Chapter, but the third-country judgment or decision itself is not recognised or enforceable without the international agreement.